Human Resource Blog

ADA in Montana

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	Compensation
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	HR Management
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Are we impacted by the ADA in Montana?

Employers in states around the country, including the state of Montana, will need to comply with the Americans with Disability Act. This Act is overseen by the federal government and is in place in order to ensure that when a worker has a disability, the worker will not be discriminated against in the workplace for reasons that are directly related to the disability. However, not all employers will need to comply with the Act.

The ADA only applies to workers that have a record of having a disability. Also, the worker needs to work for a company that is covered by the ADA. Covered companies include companies that have at least 15 employees. When a company is covered, the employer must not take a disability into account when making any decisions that are related to employment, such as the following:

·         Hiring

·         Training

·         Promoting

·         Compensating

·         Terminating

Also, the employer will need to make reasonable accommodations for workers with disabilities. Employees and potential employees must have a record of having a covered disability. However, the Act covers a wide variety of disabilities as long as a disability severely impairs an employee’s ability to function as he or she may without the disability.

Both mental and physical disabilities qualify for accommodations under the Act. For example, a mental disability could be an addiction or depression. A physical disability could be a missing limb or a visual impairment. The employer will need to make reasonable accommodations for the employee with a disability, such as a magnification system if the employee needs help viewing a computer monitor, for example.

The employer must not take the added cost of the accommodation into consideration when deciding whether or not to hire an employee. Also, the employer should be able to prove the reasoning for any decision that he or she makes with regards to employment, should the employer ever be accused of discrimination. CB